The federal benefits that are exempt from garnishment include:
" Social Security Benefits
" Supplemental Security Income (SSI) Benefits
" Veterans' Benefits
" Civil Service and Federal Retirement and Disability Benefits
" Military Annuities and Survivors' Benefits
" Student Assistance
" Railroad Retirement Benefits
" Merchant Seamen Wages
" Longshoremen's and Harbor Workers' Death and Disability Benefits
" Foreign Service Retirement and Disability Benefits
" Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
" Federal Emergency Management Agency Federal Disaster Assistance.
Other exempt funds include:
" unemployment income,
" some social security disability income payments,
" some workman's compensation payments, and
" some joint account funds if the account is held by spouses as tenants by the entirety and the judgment is against only one spouse.
Even if the bank account is in just your name, there are some types of funds that are considered "exempt" from debt collection under state or federal law. The rationale behind these laws is to allow people to preserve the basic necessities for living. Exempt funds remain exempt when deposited in checking, savings or CD accounts so long as they are readily available for the day to day needs of the recipient and have not been converted into a "permanent investment."
A South Carolina Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment is a legal document filed by a defendant in a garnishment proceeding. This motion aims to request the court to discharge or quash the writ of garnishment issued against them and to declare certain funds exempt from garnishment according to South Carolina law. In South Carolina, there are several types of motions related to the discharge or quashing of a writ of garnishment and the exemption of funds. These include: 1. Motion to Discharge or Quash Writ of Garnishment: This motion is filed by the defendant to challenge the validity of the writ of garnishment issued against them. They may argue that the garnishment was improperly served, that they are not the judgment debtor, or that the garnishment violates their rights under South Carolina law. 2. Motion to Declare Funds Exempt from Garnishment: This motion is submitted by the defendant to request the court to declare certain funds exempt from garnishment. In South Carolina, various types of income, such as wages, public benefits, retirement benefits, and child support, are typically exempt from garnishment up to certain thresholds defined by law. The defendant must provide evidence to support their claim that the funds are exempt. 3. Notice of Motion — Funds Exempt by Law from Garnishment: This notice is typically filed in conjunction with the motion to declare funds exempt from garnishment. It serves as a formal communication to the court and the creditor, notifying them of the defendant's intent to seek the exemption of specific funds and providing the applicable legal basis for the exemption. When drafting a South Carolina Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion — Funds Exempt by Law from Garnishment, it is crucial to include the following relevant keywords: — SoutCarolinain— - Motion to Discharge - Motion to Quash — Wrigarnishmenten— - Notice of Motion — Funds Exe—pt - GarnishmenExemption—o— - Legal Basis — Income Exempt—on - AsseExemptionio— - Invalid Service — Judgment Deb—or - Violation of Right— - Public Benefits — Child Supp—rt - Retirement Benefit— - Thresholds — SupportEvideeeeeeeeence.ence
